Section 17 deals with the interim relief by the tribunal whereas Section 9 lays down the interim relief by the Court. While the former can be availed before the arbitral tribunal only upon constitution of the tribunal but before the passing of final award, the later can be availed before the Court any time before during or after the arbitral award is made, but before it is enforced.
The amended Section 17 vests power to the arbitrator equal to the Court under Section 9. Any order passed under Section 17 is deemed as the order of Court and is enforceable under CPC in the same manner as if it was an order of the Court.
Section 17(1)(ii) provides the non-exhaustive list of interim measure of protection, such as preservation of the subject matter of the arbitration agreement, securing the amount in dispute in arbitration, or appointment of receiver or interim injunction, etc.
Section 9 also operates after the award is made, but the same is enforced. 2015 Amendment has inserted Section 9(2) which mandates that where before commencement of arbitration, a Court passes an interim order, the arbitration shall be commenced within a period of 90 days from the date of such order or within such time as the Court may determine. Section 9(3) inserted by 2015 Amendment clearly stipulates that once the tribunal has been constituted, the Court shall not entertain an application for interim relief unless it finds that circumstances exist which may not render the remedy provided under Section 17 efficacious. With 2015 Amendment which inserted proviso to Section 2(2) the provision of Section 9 is made available (apart from Section 27, 37(3)(b)) to international commercial arbitrations seated outside India, unless the parties’ agreement to the contrary.